Radiculopathy & sciatica decisions — 2016

The Veteran's claims for earlier effective dates for service connection of PTSD, lumbar arthritis, radiculopathy of the right lower extremity, and irritable bowel syndrome were denied as there was no evidence of a claim prior to May 16, 2010.

The Veteran's PTSD has been rated at 30 percent since July 10, 2008. He also received a noncompensable rating for bilateral hearing loss.

The Board has remanded the issues of entitlement to an increased rating for a low back disability and entitlement to TDIU due to service-connected disabilities. The RO should issue a supplemental statement of the case with regard to these issues.

The Board finds that the Veteran's lumbar spine disorder and bilateral lower extremity radiculopathy are etiologically related to service, with no clear evidence of pre-service onset or other causes. The claims for hip disorders have not been substantiated.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings based on the evidence of record.

The Veteran's appeal for an effective date earlier than February 6, 2009 for service connection of right L5 radiculopathy was denied. The claim for higher initial evaluations for lumbosacral spine disability prior to April 17, 2002 and in excess of 40 percent thereafter after February 6, 2009 is also denied.

The Board has granted service connection for cervical spine degenerative joint disease, bilateral upper extremity cervical radiculopathy, and residuals of a right femur fracture. The Veteran's diabetes mellitus with peripheral neuropathy of the bilateral lower extremities is also service-connected. However, initial disability ratings are denied.

The Board has remanded the case for additional development, including VA examinations to determine the nature and etiology of various disabilities claimed by the Veteran. The issues include service connection for psychiatric disability, lumbar spine disability, radiculopathy, diaphoresis, arm pain, prostate disability, inguinal hernia, and hypertension.

The Board has determined that the Veteran's left hip, low back, and left leg disabilities are secondary to his service-connected total left knee replacement.

The Veteran's service-connected disabilities are sufficient to render him unemployable without regard to his advancing age or the presence of any nonservice-connected disorders. The Board grants a TDIU.

The Board has determined that the Veteran's back, left leg, and right leg disabilities are service-connected based on direct evidence of injury or disease during service.

The Veteran's claims for increased ratings for his lumbar spine disability and associated radiculopathy of the left lower extremity were denied. The Board found that the evidence did not support a higher rating based on the orthopedic component or neurological symptoms.

The Veteran's service-connected degenerative disc disease of the lumbar spine warrants a 40 percent evaluation effective December 1, 2011. He is also entitled to a separate compensable evaluation for radiculopathy of the left lower extremity associated with his back disability.

The Board denied the Veteran's claims for increased evaluations for radiculopathy involving each lower extremity, finding that the evidence did not show improvement warranting higher ratings.

The Board granted separate 20 percent ratings for sciatica of the right and left lower extremities associated with DDD of the lumbar spine, effective January 3, 2014.

The Board has determined that the Veteran's lumbar radiculopathy with left sided lumbar disc herniation is related to his military service and grants this claim. The acquired psychiatric disorder, including PTSD, remains under consideration.

The Veteran is unemployable due to his service-connected disabilities beginning on October 27, 2010.

The Veteran's lower back disability is currently rated at 40 percent, and his right L5/S1 lumbar radiculopathy is rated at 10 percent. Both conditions are denied as the evidence does not support a higher rating.

The Veteran's service-connected disabilities, including lumbar strain, right and left carpal tunnel syndrome, sciatic nerve impairment of the lower extremities, and a lumbar spine disability, have rendered him unable to secure or follow substantially gainful employment. His heart murmur is not considered a disability for VA purposes.